CCoommmmiitttteeee DDaaiillyy BBuulllleettiinn

17th Congress A publication of the Committee Affairs Department Vol. I No. 115 First Regular Session May 23, 2017

COMMITTEE MEETINGS MEASURES COMMITTEE PRINCIPAL SUBJECT MATTER ACTION TAKEN/DISCUSSION NO. AUTHOR Appropriations Substitute Reps. Nograles Establishing the Coconut Farmers and The Committee, chaired by Rep. Karlo Alexei Bill to HBs (K.A.), Tan (A.), Industry Development Trust Fund and Nograles (1st District, Davao City), approved with 62, 102, Belmonte (F.), providing for its management and amendments the Substitute Bill to the 16 bills. 164, 301, Rocamora, utilization 557, 2175, Casilao, Santos- 2266, Recto, Bag-ao, 2749, Ramirez-Sato, 2833, Villarin, 2840, Baguilat, 3523, Pineda, Lee, 4089, Lobregat, 4224, Deputy Speaker 4286, 4632 Garin, Reps. & 4803 Bravo (A.), and Aglipay-Villar

Substitute Reps. Belmonte Establishing the Filipino identification The Committee approved with amendments the Bill to HBs (F.), Alejano, system Substitute Bill to the 18 bills. 12, 107, Nograles (K.A.), 171, 317, Primicias- 368, 512, Agabas, Deputy 523, 597, Speaker 696, 1267, Hernandez, 1687, Reps. Barbers, 1711, Garbin, Pichay, 2001, Macapagal- 2167, Arroyo, Biazon, 2338, Rodriguez (M.), 3425, 3448 Romualdo, & 4167 Deputy Speaker Abueg, Reps. Santos-Recto, Espino, Erice, Teves, and Aragones

Substitute Reps. Del Mar, Providing for a Magna Carta of the The Committee approved with amendments the Bill to HBs Marcoleta, Sy- Poor Substitute Bill to the five bills. 31, 232, Alvarado, 478, 1122 Alejano, and & 1895 Fortuno

Substitute Reps. Roque Providing universal health care for all The Committee approved with amendments the Bill to HBs (H.), Santos- Filipinos and appropriating funds Substitute Bill to the four bills. 225, 1975, Recto, Salo, and therefor 5120 & Tan (A.) 5560

Substitute Deputy Establishing a national mental health The Committee will deliberate further on the Bill to HBs Speakers policy for the purpose of enhancing the Substitute Bill to the 10 bills. 349, 584, Quimbo and delivery of integrated mental health Continuation… 844, 1040 Cayetano, Reps. services, promoting and protecting Appropriations 1698, Villarica, Salo, persons utilizing psychiatric, 3796, Nograles (K.A.), neurologic, and psychosocial health 4101, Baguilat, Roa- services, appropriating funds therefor 4184, 4301 Puno, Villarin, & 4686 Zarate, and Nieto

HBs 343 & Reps. Budget Impoundment Control Act The Committee will deliberate further on the 11 3897 Romualdez and measures relative to the proposed Budget Reform Zarate Bill in its next meeting.

HBs 930 & Rep. Abaya and Instilling fiscal discipline in the public The Committee agreed to use HB 5590, authored 2828 Deputy Speaker sector by establishing deficit-neutral by Rep. Nograles, as the lead bill. Andaya rules in line with the principle of responsible financial management and towards promoting sustainable economic growth

HB 1056 Rep. Antonino Revoking certain powers granted to the executive department, further amending for the purpose certain sections of PD 1177, or the law revising the budget process in order to institutionalize the budgetary innovations of the new society

HB 2385 Rep. Abad Institutionalizing a system of performance planning, budgeting, and accountability in all government agencies

HBs 2387 Reps. Abad and Enforcing greater accountability in & 5590 Nograles (K.A.) public financial management (PFM) by strengthening Congress' power of the purse, instituting an integrated PFM system, and increasing budget transparency and participation

HB 2832 Rep. Villarin Regulating the power of the President to defer, rescind, or reserve expenditure of appropriations authorized by Congress

HB 2868 Rep. Villarin Defining the concept of savings and regulating the process of augmentation by the President in the implementation of Article VI, Section 25 (5) of the Philippine Constitution

HB 4652 Rep. De Jesus Defining “unprogrammed funds” and prohibiting legislators from appropriating funds therefor

Good HR 654 Rep. Gonzales Inquiry into the circumstances The Committee, chaired by Rep. Johnny Ty Government and (A.) surrounding the sale of Paskuhan Pimentel (2nd District, Surigao del Sur), will Public Village in by the Tourism deliberate further on the issues raised relative to Accountability Infrastructure and Enterprise Zone HR 654. Authority (TIEZA) to SM Development Corporation (SMDC) reportedly under Mayor Edwin Santiago of the City of San the former's Asset Privatization Fernando, Pampanga said that he executed an Program Affidavit of Adverse Claim to oppose the sale of Paskuhan Village. He invoked Section 54 of RA 9593 or the Tourism Act of 2009, which provides that concerned local government units (LGUs) interested to manage and operate the assets of 2

Continuation… TIEZA shall have the right of first refusal before Good these assets are sold or leased. Government and Public Deputy Speaker (3rd District, Accountability ) added that Section 54 of RA 9593 also provides that TIEZA and the Department of Tourism (DOT) shall maintain and preserve assets which may already be considered cultural treasures and heritage sites and shall not be sold or in any way disposed of. She stressed that Paskuhan Village may already be considered as a cultural treasure and heritage site, adding that it has become a symbol of pride for the Province of Pampanga.

TIEZA General Manager Pocholo Joselito Paragas maintained that the sale of the Paskuhan Village was in accordance with existing laws and regulations. Nevertheless, he informed the Committee that TIEZA recently sought the opinion of the Department of Justice (DOJ) on the matter.

However, Deputy Speaker Garcia contended that TIEZA’s move to seek the DOJ’s opinion on the sale of Paskuhan Village signifies that it still holds on to its position that the sale was legal, despite the points raised indicating that it ignored the intent of the law. She urged TIEZA to withdraw its request with the DOJ and make a correct appreciation of the entire provisions of the law.

Paragas later said that his office will withdraw its position paper submitted to DOJ as an attachment to its request for opinion, and review the same taking into consideration the points raised by the Members.

Rep. Aurelio “Dong” Gonzales Jr. (3rd District, Pampanga), author of HR 654, called on the DOJ and the Office of the Solicitor General (OSG) to protect the interest of the State and act on the questionable sale of the Paskuhan Village.

For his part, SAGIP Party-List Rep. Rodante Marcoleta asserted that TIEZA did not comply with the Commission on Audit (COA) Circular No. 89- 296 on the audit guidelines for the disposition of government assets, particularly on the requirement of public bidding. Rep. Marcoleta said there was only one bidder in the first bidding conducted for the sale of the Paskuhan Village which is contrary to the very essence of public bidding.

COA Chair Michael Aguinaldo said that COA will issue an audit report on the operation of TIEZA on June 30. The report will include findings and recommendations on the sale of the Paskuhan Village, he added.

OSG State Solicitor Ruben Ayson Jr. said that the COA report and the DOJ opinion on the sale of the Paskuhan Village will be relevant in pursuing the nullification of the sale.

The Committee agreed to issue a subpoena ad

3

Continuation… testificandum to compel the attendance of Mark Good Lapid, former TIEZA chief operating officer, in the Government and next meeting. It was during Lapid’s term when Public Paskuhan Village was sold to a private entity. Accountability

Government HB 1891 Rep. Defensor Creating the Philippine Metal Industry The Committee, chaired by Rep. Jesus Nonato Enterprises and Corporation, defining its powers and Sacdalan (1st District, North Cotabato), approved Privatization functions, providing funds therefor HB 1891 subject to style.

Rep. Arthur Defensor Jr. (3rd District, Iloilo), author of HB 1891, underscored the importance of developing the country’s metal industry which plays a vital role in boosting economic growth.

Rep. Orestes Salon (Party-List, AGRI) suggested the inclusion in the bill of a policy statement ensuring the protection of the environment alongside the development of the metal industry.

HB 2459 Rep. Yap (A.) Institutionalizing the Agricultural The Committee approved HB 2459 subject to Guarantee Fund Pool and renaming it style. as the Agricultural Guarantee Corporation, expanding its coverage to guarantee post production

Government HBs 4174 Reps. Plaza and Creating the Department of The Joint Committee, co-presided by Rep. Virgilio Reorganization jt. & 5385 Suansing (E.) Cooperatives and appropriating funds Lacson (Party-List, MANILA TEACHERS), Vice w/ Cooperatives therefor Chair of the Committee on Government Development Reorganization, and Rep. Rico Geron (Party-List, HBs 565, Reps. Canama, Reorganizing the Cooperative AGAP), Chair of the Committee on Cooperatives 1275 & Biazon, and Development Authority (CDA), Development, agreed to create a technical 2571 Rodriguez (M.) repealing for the purpose RA 6939 or working group (TWG) to consolidate the five bills. the law creating the CDA Rep. Lacson said that the TWG needs to resolve whether to create a Department of Cooperatives to replace the CDA or just reorganize and strengthen the latter. He also explained that the TWG will have to look into the budgetary implications of creating a department.

Rep. Geron stressed that the proposed law should focus more on promoting the development of the cooperatives sector than what will be beneficial to the CDA.

Rep. Maria Valentina Plaza (1st District, Agusan del Sur), and Rep. Estrellita Suansing (1st District, ), respective authors of HBs 4174 and 5385, underscored the importance of creating a line department to strengthen the regulatory and administrative framework of the government for the efficient management of cooperatives.

Daniel Ang, managing director of the Philippine Cooperative Center, supports the conversion of the CDA into a department.

On the other hand, Muntinlupa City Rep. Rozzano Rufino Biazon, author of HB 1275, said that his bill aims to amend the charter of the CDA to make it a proactive partner of the cooperative sector in improving the quality of life of Filipinos.

CDA Chair Orlando Ravanera favors the bills strengthening the powers of the CDA to be more

4

Continuation… effective in fulfilling its mandate of promoting the Government development and growth of cooperatives. Reorganization jt. w/ Cooperatives The resource persons and stakeholders present Development were requested to submit their respective position papers on the proposed law. The CDA was further requested to submit its performance report for the past 10 years for the TWG’s reference.

Human Rights HBs 222, Reps. Roque Protecting the rights of internally The Committee, chaired by Rep. Cheryl Deloso- 714, 732, (H.), Belmonte displaced persons and penalizing acts Montalla (2nd District, ), directed the 1304, 2282 (J.C.), Nograles of arbitrary internal displacement Committee Secretariat to prepare a substitute bill & 2790 (K.A.), to the six measures. Relampagos, Villarin, and Analisa Ugay, advocacy officer at Balay Tambunting Rehabilitation Center, claimed that a similar measure was vetoed by former President Benigno Aquino III because the bill will grant the Commission on Human Rights (CHR) powers outside of what was granted to it under the Constitution.

Balay Rehabilitation Center is a non-government organization (NGO) committed to the promotion and protection of human rights. It lobbied for the filing of the proposed law in the past Congress, and has been actively monitoring and pushing for its enactment in the 17th Congress.

Chief Superintendent Ericson Velasquez of the Philippine National Police (PNP) and Major Dhylyne Espejo of the Armed Forces of the (AFP) noted that the term “order of battle,” which is used in the bill, is no longer being used by the PNP and the AFP as it involves a negative connotation.

As defined in the bills, an “order of battle” is “any document made by the military, police or any law enforcement agency of the government, listing the names of persons and organizations that are perceived to be enemies of the State and are considered as legitimate targets as combatants that it could deal with, through the use of means allowed by domestic and international laws.”

Rep. Deloso-Montalla and several resource persons opted to keep the term in the bill, but asked the PNP to submit its position paper on the matter.

CHR Human Resource Policy Advisory Office head Gemma Parojinog informed the Committee that the CHR intends to submit its own version of the bill for the Committee’s consideration.

Sally Escutin, assistant protection officer at the United Nations High Commissioner for Refugees (UNHCR), expressed support for the measures.

The resource persons present during the meeting were requested to submit their respective position papers on the proposed law.

Information and HB 3817 Rep. Defensor Prohibiting the interception and The Committee, chaired by Rep. Victor Yap (2nd Communications disclosure of oral, wire, or electronic District, ), agreed to create a technical Technology communications and other violations of working group (TWG) to fine-tune HB 3817. 5

Continuation… the right to privacy of communication The resource persons were requested to submit to Information and the Committee their position papers on the bill. Communications Technology HR 755 Rep. Yap (V.) Exploring the necessary government The Committee will deliberate further on the support for the business process issues raised in HR 755 in its next meeting. outsourcing (BPO) industry in order to expand and maximize the sector's Asked to comment on the disposal of used IT participation in the country’s equipment by BPO companies, Vivian Santos, information technology (IT) roadmap, group manager of Camelray Industrial Park, including the proper disposition and Philippine Economic Zone Authority (CIP-PEZA), transfer of old IT equipment said that these companies usually dispose of their IT equipment every five years.

Santos said that BPO companies are discouraged to donate their used but working IT equipment to public schools because of the taxes and duties that they are required to pay for bringing these equipment outside the economic zone. She also said that BPO companies are required to secure a certificate of exemption from donor's tax from the Department of Finance (DOF) which takes three months to a year to process.

According to Santos, these companies thus opt to sell their used IT equipment to buyers who are willing to shoulder the taxes and duties due or sell the used equipment as scrap.

The DOF will be invited in the next meeting of the Committee to shed light on the issues raised.

HB 4093 Rep. Teves Mandating the authentication of online The Committee will deliberate further on the and social media memberships in the measures in its next meeting. country through registration of their accounts using any valid government- Rep. Arnolfo "Arnie" Teves Jr. (3rd District, Negros issued identification and/or barangay Oriental), author of HB 4093, emphasized that his certificate bill requires the authentication of persons with social media accounts to facilitate identification HR 777 Speaker Alvarez Investigation into the failure of various and accountability of those who engage in social media networks to provide an cyberbullying, harassment, and other similar acts. effective method or system to Rep. Teves also denounced online “bashing” in his ascertain the authenticity of accounts privilege speech (Privilege Speech No. 66) registered with them, leading to delivered in the plenary on September 13, 2016. prevalence of fake, malicious, and spurious social media accounts, which Police Senior Superintendent Ronaldo de Jesus, results to unchecked and rampant acts deputy director of the Philippine National Police’s of online identity theft (PNP) Anti-Cybercrime Group, expressed the PNP's full support for the bill, but suggested that a Privilege Rep. Teves On-line bashing closer collaboration with internet service providers Speech 66 (ISPs) be made to facilitate the implementation of the proposed law.

Globe Telecommunications Company legal counsel Alex Gozon manifested Globe Telecom's support for the bill but recommended some refinements to HB 4093.

On the other hand, Atty. Ivy Grace Villasoto, chief of the Policy Development Division of the National Privacy Commission (NPC), objects to the bill arguing that it tends to curtail one’s freedom of expression, especially of those with valid social media accounts.

Local HB 990 Rep. Chipeco Separating the City of Calamba from The Committee, presided by its Vice Chair Rep. Government the second legislative district of the Luis "Jon-Jon" Ferrer IV (6th District, Cavite),

6

Continuation… Province of Laguna to constitute the approved HB 990. Local lone legislative district of the City of Government Calamba Rep. Joaquin Chipeco Jr. (2nd District, Laguna), author of HB 990, emphasized that the current population and annual income of the City of Calamba are enough to justify the creation of a legislative district, in compliance with the requirements set by the Constitution.

HB 2528 Rep. Mercado Providing for the reapportionment of The Committee approved HB 2528 subject to the Province of Southern Leyte into style and amendment. two legislative districts Southern Leyte Rep. Roger "Oging" Mercado, author of HB 2528, explained that an additional congressional district for the Province of Southern Leyte, the population of which is steadily rising, is needed to better serve its constituents.

HB 4117 in Reps. Cortes Separating the City of from The Committee approved HB 4117 in consolidati and Abellanosa the 6th legislative district of the consolidation with HB 4523. on with HB Province of Cebu to create the 4523 congressional district of Mandaue City Rep. Jonas Cortes (6th District, Cebu), author of HB 4117, said that separating the City of Mandaue from the 6th legislative district of the Province of Cebu will accord the city and its constituents the right to enjoy the privileges appurtenant to a legally declared congressional district and will ultimately redound to the benefit not only of the people of Mandaue City but also of the 6th District by way of better services.

Rep. Rodrigo Abellanosa (2nd District, ), author of HB 4523, agreed to the consolidation of his bill with HB 4117.

Public Order and Substitute Reps. Nograles Defining the offenses of discharge of The Committee, chaired by Rep. Romeo Acop Safety Bill to HBs (K. A.), Acop, firearms and indiscriminate firing of (2nd District, Antipolo City), approved the 176, 1348 and Herrera-Dy firearms and providing stiffer penalties Committee Report on the Substitute Bill to HBs & 3837 therefor, amending for the purpose 176, 1348 and 3837. Article 254 of Act 3815, as amended, otherwise known as the Revised Penal Code, and RA 10591, otherwise known as the Comprehensive Firearms and Ammunition Regulation Act

HB 5236 Rep. Acop Providing for the rank classification in The Committee approved HB 5236. The the Philippine National Police (PNP), Secretariat was directed to prepare the amending for the purpose Section 28 corresponding Committee Report. of RA 6975, otherwise known as the Department of the Interior and Local Rep. Leopoldo Bataoil (2nd District, Pangasinan), Government Act of 1990 co-author of HB 5236, said that the bill seeks to modify the rank classification of the uniformed personnel of the PNP by adopting the rank classification currently used in the military.

The PNP, Civil Service Commission (CSC), and Department of the Interior and Local Government (DILG) expressed support for the bill.

Revision of Laws HB 1271 Rep. Biazon Amending Articles 155 and 157 of EO The Committee, chaired by Rep. Marlyn 209, as amended, otherwise known as Primicias-Agabas (6th District, Pangasinan), will the Family Code of the Philippines deliberate further on HB 1271 in its next meeting.

Muntinlupa City Rep. Rozzano Rufino Biazon, author of HB 1271, said that his bill seeks to

7

Continuation… amend EO 209 to strengthen its provisions Revision of Laws exempting the “family home” from execution, forced sale or attachment in case of a judgement on cases involving non-payment of debts. He pointed out that his bill allows the family home to remain exempt even when the debts to be paid were incurred prior to the constitution of the family home.

Rep. Biazon also said that his bill does not allow the family home to be subject to execution, forced sale or attachment if its value is still insufficient to cover the entire judgement credit.

The bill also increases the value of the family home that will be exempt from the execution, forced sale or attachment from P500,000 to P1 million in urban areas and from P200,000 to P500,000 in rural areas, Rep. Biazon added.

Under Chapter II Article 152 of the Family Code of the Philippines, a “family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is a dwelling house where they and their family reside, and the land on which it is situated.”

Representatives from the Department of Justice (DOJ) and Department of Social Welfare and Development (DSWD) posed no objection to HB 1271. They promised to submit to the Committee their respective position papers on the bill.

The Department of Finance (DOF) and the Bureau of Internal Revenue (BIR) will be invited to attend the Committee’s next meeting to give their views on the bill.

Small Business Substitute Rep. Noel Promoting the development of The Committee, presided by its Vice Chair Rep. and Bill to HB entrepreneurship skills among Jocelyn Limkaichong (1st District, Negros Entrepreneurship 3335 government employees to inspire Oriental), deferred the approval of the Substitute Development innovativeness and to ensure their Bill to HB 3335 pending the submission of the productivity even beyond government comments and recommendations of the service Commission on Audit (COA).

Trade and Substitute Rep. Providing for the establishment of a The Committee, chaired by Rep. Ferjenel Biron Industry Bill to HB Macapagal- timbangan ng bayan center in all M.D. (4th District, Iloilo), approved with 2957 Arroyo public markets nationwide, amending amendment the Substitute Bill to HB 2957. for the purpose Chapter II of RA 7394, otherwise known as the Consumer Act The Committee adopted the amendment of the Philippines introduced by Rep. Rosanna "Ria" Vergara (3rd District, Nueva Ecija) to decrease the proposed maximum fine of P1 million against violators of the proposed law to P300,000 (Article 65 of RA 7394).

Substitute Reps. Castelo Regulating the issuance, use and The Committee approved with amendments the Bill to HBs and Sy-Alvarado redemption of gift checks, certificates Substitute Bill to HBs 3091 and 5157. 3091 & or gift cards 5157 The Committee adopted the amendments introduced by Rep. Vergara, as follows:  Modify the last paragraph of Section 5 of the bill to read as: “All gift checks/certificates/cards with no expiry dates can be used only until the value/credit/balance is used up by the bearer or until the cessation of the

8

Continuation… business of the issuer;” and Trade and  Increase the fine under Section 8 of the Industry bill to P500,000 but not more than P1 million.

Substitute Reps. Santos- Establishing a national policy on ease The Committee approved the Substitute Bill to the Bill to HBs Recto, Biron, of doing business, creating for the four bills. 2171, Yap (A.), and purpose the Ease of Doing Business 5031, 5093 Castelo Commission & 5383

Transportation Substitute Majority Leader Traffic Crisis Act The Committee, chaired by Catanduanes Rep. Bill to HBs Fariñas, Reps. Cesar Sarmiento, approved the substitute bill with 3, 38, 554, Yap (A.), amendments. 1315, Macapagal- 1666, Arroyo, Castelo, Among the points agreed upon during the meeting 3048, Revilla, Deputy were the following: 3162, Speaker  Indicate in the bill that the Traffic Chief, 3314, Cayetano, Reps. which is the Secretary of 3442, Tambunting, Transportation, shall have the power or 3617, Primicias- authority over transport-related 3712, Agabas, franchises; and 3716, Escudero,  Delete Section 42 of the bill which 4309, Belmonte (J.C.), provides for the creation of a 4334, 4699 Salceda, Department of Urban Traffic & HR 119 Gonzales (A.), Management. Robes, Minority Leader Suarez, Rep. Antonio and Deputy Speaker Abu

Substitute Reps. Velarde Providing for the special protection of The Committee agreed to refer back the substitute Bill to HBs and Sarmiento child passengers in motor vehicles bill to the technical working group (TWG) for 1319 & (C.) refinement, in view of certain issues that need to 5595 be threshed out.

SUBCOMMITTEE MEETING MEASURES COMMITTEE PRINCIPAL SUBJECT MATTER ACTION TAKEN/DISCUSSION NO. AUTHOR Subcommittee Substitute Deputy Speaker Expanding the scope of the juvenile justice The Subcommittee, chaired by Rep. Henry on Correctional Bill to HBs 2, Castro, Reps. and welfare system and strengthening the Oaminal (2nd District, Misamis Occidental), Reforms 505, 935, Yap (V.), social reintegration programs for children approved the Substitute Bill to the six (Justice) 1609, 2009 Tiangco, Cagas, in conflict with the law, amending for the measures. & 3973 Acop, and purpose RA 9344, as amended, otherwise Suansing (E.) known as the Juvenile Justice and Welfare KABAYAN Party-List Rep. Ron Salo Act of 2006 presented the output of the technical working group (TWG) that was tasked to study the bills.

Rep. Salo said that the TWG recommends not to lower the minimum age of criminal responsibility but that children in conflict with the law who are below 15 years of age must undergo government intervention programs for their rehabilitation and reintegration to the society.

Rep. Salo also mentioned that the bill provides that the establishment and operation of Bahay Pag-Asa, a 24-hour child-caring institution for children in conflict with the law, shall be under 9

Continuation… the Department of Social Welfare and Subcommittee Development (DSWD) instead of the local on Correctional government units (LGUs). Reforms (Justice) Rep. Romeo Acop (2nd District, Antipolo City) underscored the need to strengthen the capability of the DSWD to perform additional responsibilities under the proposed law.

HR 314 Deputy Speaker Investigation into the proliferation of illegal The Subcommittee will deliberate further on Garcia drugs at the Cebu Provincial Detention the issues raised in HRs 314 and 874 in its and Rehabilitation Center (CPDRC) and next meeting. the glaring gross mismanagement thereof Deputy Speaker Gwendolyn Garcia (3rd HR 874 Deputy Speaker Investigation into the cruel, inhuman and District, Cebu), author of the two resolutions, Garcia degrading treatment of prisoners at the decried the mismanagement of the CPDRC by CPDRC during the raid conducted on 28 the current officials running the jail facility and February 2017 the alleged inhuman treatment of prisoners. She lamented that these issues threaten to destroy the gains CPDRC made when it was recognized worldwide for its ingenious rehabilitation program for the inmates as videos of the Cebu dancing inmates went viral in the internet.

The Deputy Speaker also disclosed that various contraband items, such as drug paraphernalia, cellular phones, and cash, were seized inside the CPDRC during recent raids conducted by law enforcement agencies. She added that illegal drug trade and other illicit activities are happening inside the CPDRC.

Cebu Governor Hilario Davide III said that a task force was created to oversee the operation of the CPDRC and appointed its officer-in-charge. He also requested the Philippine Drug Enforcement Agency (PDEA) to conduct greyhound operations inside the jail after illegal drugs have been found and confiscated from the inmates. He likewise agreed with the proposal to transfer the supervision of the CPDRC to the Bureau of Jail and Management Penology (BJMP).

The Subcommittee agreed to invite Marco Toral, former jail consultant, and other personalities involved to shed light on the issues.

Motu proprio Inquiry into the alleged secret detention The Subcommittee will continue with its inquiry investigation cell at the Manila Police District, Station 1 into the alleged secret detention cell at the in Tondo, Manila police station in Tondo in its next meeting.

Manila Police District (MPD) Director Chief Supt. Joel Napoleon Coronel gave a report on the Philippine National Police’s (PNP) actions following the discovery by the Commission on Human Rights (CHR) of a secret detention cell at the Tondo Police Station 1 in Manila on April 27, 2017, where allegedly 12 detainees were found crammed in it.

Coronel said that after conducting its own investigation, the PNP relieved station

10

Continuation… commander Roberto Domingo from his Subcommittee position along with 14 others from the Anti- on Correctional Illegal Drugs Unit. Reforms (Justice) CHR Commissioner Karen Gomez Dumpit reported that the CHR has already filed the appropriate case with the Ombudsman.

S/Supt. Romeo Sta. Ana Jr., acting director of the National Capital Region Internal Affairs Service, claimed that the purported secret detention cell was actually a temporary holding area for arrested persons. Sta. Ana likewise denied the accusations of torture hurled against the MPD personnel based on the medical examinations of the alleged victims.

Deputy Speaker Fredenil Castro (2nd District, Capiz) inquired why the MPD personnel were still relieved from duty despite the PNP’s claim that they acted with propriety.

Coronel replied that since an investigation was already ordered by the PNP leadership and based on the PNP administrative procedures, police officials accused of wrongdoing are relieved from their duties.

The PNP was directed by the Subcommittee to submit a copy of the spot report on the incident and the police blotter within seven days.

The CHR was also directed to submit a copy of its complaint filed with the Ombudsman.

AGENCY BRIEFINGS

COMMITTEE SUBJECT MATTER DISCUSSIONS

North Luzon Briefing by the Department of Education The Committee, presided by its Vice Chair, Rep. Pablo Ortega (1st District, La Growth (DepEd) Region I on its proposed FY 2018 Union), listened to the presentation by DepEd Region I on its proposed FY Quadrangle budget 2018 budget. (Special Committee) DepEd Region I Regional Director Alma Ruby Torio said the Department’s 2018 proposed budget for the region amounts to P43.17 billion broken down as follows: personnel services (PS), P23.43 billion; maintenance and other operating expenses (MOOE), P4.72 billion; and capital outlay (CO), P15.02 billion.

The proposed budget, which will still have to pass through the Department of Budget and Management (DBM) for review and approval, is intended to fund additional senior high school (SHS) programs, construction of SHS classrooms, and payment of salaries of additional teachers. It will also cover the establishment of a National Educators Academy of the Philippines (NEAP) in the region, procurement of service vehicles, equipment and facilities, and repair of school division offices.

Torio disclosed that one of the challenges being faced by the region is the low performance of students in the National Achievement Test (NAT), a set of examinations taken by students at certain grade levels to determine the status of education in the country. Nevertheless, she assured the Committee that the DepEd is already addressing the matter through its various programs.

Sought for comment on the delay in the release of budget for the construction

11

Continuation… and repair of classrooms, DepEd Undersecretary for Administrative Service North Luzon Alain Pascua explained that the DepEd still validates the costing of the Growth projects to ensure that they are justifiable. Quadrangle (Special Noting the difficulty of certain schools in acquiring the land where they are Committee) situated, Rep. Christopher "Toff" Vera Perez de Venecia (4th District, Pangasinan) said that DepEd Secretary Leonor Briones informed him that the Department has proposed a special budget for land acquisition and titling for these schools.

DepEd Undersecretary for Budget and Performance Monitoring Annalyn Sevilla confirmed the statement of Rep. De Venecia, but lamented that the DBM has not approved the said proposal. Sevilla, however, said that the budget requirement for land acquisition is included in the DepEd’s proposed budget for 2018.

Rep. De Venecia requested the DepEd to submit the list of schools that have land acquisition problems and the corresponding budget requirements so that the Committee can make the necessary representation with the Committee on Appropriations.

Ways and Continuation of the briefing by Dr. Ian Ralby The Committee, chaired by Quirino Rep. Dakila Carlo Cua, continued its Means on the effects of oil theft and illicit fuel trade discussion with Dr. Ian Ralby regarding oil theft and illicit fuel trade and ways or fuel smuggling and the global practice of of combatting these illegal practices. combatting such illegal activities Dr. Ian Ralby is a recognized expert in international law, maritime security, and the interdiction of transnational crime. He is the founder and chief executive officer (CEO) of I.R. Consilium LLC and an expert on downstream oil theft/illicit fuel trade.

According to Ralby, fuel theft may take many forms, such as: smuggling, false reporting of the exact quantity of fuel, illegal tapping of oil pipelines, and piracy or hijacking of tankers. Citing Nigeria and Mexico, Ralby said these countries lose billions of dollars a year because of these illegal activities. He also warned that fuel theft is not just an issue of foregone revenues but a threat to national security and the environment.

To combat fuel theft and illicit fuel trade, Ralby recommends the following:  Adopt the “molecular fuel marking” system which is highly capable of detecting any dilution or adulteration in fuel;  Set a standardized documentation system;  Regulate the fuel market;  Train law enforcement agencies; and  Enhance cooperation with countries in the region.

Rep. Ferjenel Biron, M.D. (4th District, Iloilo) inquired about the legitimacy of these companies that will conduct fuel marking in the country. In response, Ralby said these “surveying” companies have already acquired accreditation from the Bureau of Customs (BOC).

BOC Deputy Commissioner Edward Dybuco said that while the BOC has already issued an administrative order, a law defining the obligations of these surveying companies is needed to make them more accountable.

The BOC was requested to submit to the Committee a report on the performance of these surveying companies and the criteria used for accrediting them.

12

OTHER MATTERS

COMMITTEE SUBJECT MATTER DISCUSSIONS

Transportation Discussion on the implementation of RA The Committee, chaired by Catanduanes Rep. Cesar Sarmiento, discussed 10913 or the Anti-Distracted Driving Act with concerned transportation agencies the issues raised by the public relative (ADDA) to the implementation of the Anti-Distracted Driving Act.

The law prohibits motorists from using communication devices and other electronic entertainment and computing gadgets while vehicles are in motion or temporarily stopped on a traffic light or an intersection.

Immediately after the law took effect on May 18, complaints from the public about the law’s unclear provisions and the resulting confusion among many motorists have started to surface.

When asked by Rep. Gavini "Apol" Pancho (2nd District, ) on the reason behind such confusion, Land Transportation Franchising and Regulatory Board (LTFRB) Chair Martin Delgra III explained that the public may have confused the provisions of the law with that of the Joint Administrative Order (JAO) 2014-01 which provides for the revised schedule of penalties for violations of land transportation laws, rules and regulations, including the use of improper or unauthorized devices, equipment and parts in motor vehicles.

Rep. Romeo Acop (2nd District, Antipolo City) advised the transportation agencies to make efforts to distinguish the provisions of the JAO from the Anti- Distracted Act as they enforce traffic rules so as not to cause more confusion.

LTFRB Board Member Aileen Lourdes Lizada agreed with Rep. Acop and proposed that the Implementing Rules and Regulations (IRR) of ADDA be implemented first.

Meanwhile, Land Transportation Office (LTO) Assistant Secretary Edgar Galvante assured the Committee that the agency has not apprehended anyone yet for having “distracting accessories” on dashboards.

Rep. Sarmiento asked whether the Department of Transportation (DOTr), LTO and the LTFRB have already conducted a six-month information and education campaign prior to the implementation of ADDA as prescribed under the law. The representatives of the transport agencies admitted that they have not undertaken a nationwide information drive yet.

The Committee instructed the transport agencies to suspend the implementation of ADDA until such time that they have complied with the required six-month information campaign.

Comments, suggestions and requests for copies may be sent to the Editorial Unit, Committee Management Support Service I, 3rd Floor, Ramon V. Mitra, Jr. Bldg., Batasan Complex, Constitution Hills, Quezon City. Tel. Nos. 9326118; 9315001 local 7122. Also available at http://www.congress.gov.ph 13